A Dallas County judge under fire for giving the rapist of a 14-year-old girl probation and then tossing the common restrictions given to sex offenders recused herself from the case Friday.

State District Judge Jeanine Howard declined to comment about the case beyond comments she made toThe Dallas Morning News on Thursday night, which included her saying that the girl “wasn’t the victim she claimed to be.”

The Dallas County district attorney’s office wants the new judge assigned to the case — state District Judge Carter Thompson — to alter the terms of probation for Sir Young to be more restrictive. Thompson could deny the request, change the conditions or hold a hearing about whether there should be changes. No decision had been made Friday.

District Attorney Craig Watkins on Friday expressed anger about Howard’s actions and comments.

“I am outraged about the judge’s statements and her conduct,” Watkins said in a statement. “I feel as if the judge blamed the victim, which is never appropriate in sexual assault cases and especially in this one where the defendant pled guilty. I am relieved the judge recused herself from the case, so the district attorney’s office can move forward and continue fighting for the victim.”

Howard told The News that she made her decision, in part, because the girl previously had multiple sex partners and had agreed to sex with Young, who was 18 at the time of the 2011 assault, but did not want to do it at school. Young and the girl were both students at Booker T. Washington High School for the Performing and Visual Arts at the time of the assault.

They both testified last week that the girl said “no” and “stop” numerous times before and during the rape.

Young, now 20, does not have to stay away from children, attend sex offender treatment, undergo a sex offender evaluation or refrain from watching pornography. These are typical probation requirements for rapists that are intended to prevent future victims and rehabilitate offenders.

Victim’s past used

Prosecutor Andrea Moseley expressed concern Friday about Howard using evidence about the victim’s past sexual history to make a decision. Federal law prohibits evidence that a victim engaged in other sexual behavior from being admitted in civil and criminal proceedings. Moseley said while there are exceptions, she does not believe they apply in Young’s case.

“What we expect is that a victim’s background is not relevant to a guilty verdict or to what the sentence should be,” said Moseley, who filed a motion Friday asking the judge to add “standard sex offender conditions” to the probation conditions.

The head of the Dallas Area Rape Crisis Center, Bobbie Villareal, said the focus should never be on the victims and the number of sexual partners they have had. That does not diminish the act of rape, she said.

If the girl had sex previously, she was raped those times, as well, Villareal said. Because she was 14, the girl was not old enough to consent to sex under Texas law.

“Why are we turning the lense on her or any victim? Why does it matter what she did?” said Villareal.

Howard said Thursday night that other factors she considered were medical records that showed the girl had a baby and that she had texted Young asking him to spend time with her.

The girl’s mother said Friday that her daughter had never been pregnant, and she was “livid” about the judge’s comments.

“There’s no baby,” the mother said. “I don’t know where these medical records came from. It’s not true at all.”

The medical records were not available Friday, and prosecutors declined to discuss them because doing so would focus on the victim, they said.

The girl and her mother are not being identified to protect the girl’s identity. The News does not typically identify victim of sex crimes.

Villareal, a former prosecutor in Dallas and Tarrant counties, said she doesn’t understand the judge’s thought process and suggested the judiciary could use training about sexual assault.

“We need to make the punishment fit the crime. In her mind, she did that,” Villareal said of Howard. “I disagree. The community should disagree.”

Message feared

The victim, who is now 17, told The News on Thursday “it would have been better for me not to say anything,” about the attack.

Moseley and Villareal both said they fear that the handling of her case could cause other victims not to approach authorities.

“I’m concerned that the message that was sent in this case was that victims may find their backgrounds on trial and exposed,” Moseley said.

Young pleaded guilty last week to sexual assault and faced up to 20 years in prison. A defendant can choose whether a judge or jury sentences him. Howard gave him five years of deferred adjudication probation, which means he will not have a criminal record if he meets all the requirements.

Young does have to register as a sex offender for the rest of his life and must stay away from the girl. He is spending 45 days in jail as a condition of probation and must spend each anniversary of the rape — Oct. 4 — in jail for the five years he is on probation.

Moseley said prosecutors could have eliminated the possibility of Young receiving probation by not allowing him to plead guilty and instead having a jury decide his guilt or innocence. But she said that would have forced the girl to testify before numerous people instead of a mostly empty courtroom.

“We’re always aware of how uncomfortable it can be to testify before jury,” especially in child abuse and sexual assault cases, she said.

Villareal said that the judge’s decision hurts Young, too. Villareal said the probation conditions that Howard eliminated would have helped Young not reoffend. “If she doesn’t put him on any kind of sex offender treatment, she isn’t giving him a chance to rehabilitate himself,” Villareal said.